Bonhomme Presbyterian Church of Chesterfield, Missouri.
Posted on 02/04/2015 9:27:39 AM PST by SeekAndFind
A Missouri church that recently voted to leave Presbyterian Church (USA) over the mainline Protestant denomination's stance on homosexuality is facing a legal battle to keep its property, which is estimated to be worth over $6 million.
Bonhomme Presbyterian Church of Chesterfield decided to disaffiliate from its PCUSA regional body, the Presbytery of Giddings Lovejoy, last October.
Tom Pfizenmaier, senior pastor of Bonhomme Presbyterian Church, told The Christian Post that the decision was made due to "longstanding theological differences with the denomination."
"The denominational drift away from our biblical, confessional and reformed understanding of Christ's person and work, coupled with the PCUSA's eroding commitment to the inspired authority of Scripture, were the primary reasons for our decision," Pfizenmaier said.
"We see these issues manifested in the moral confusion and compromise the church is making in its teaching on such issues as marriage and the sanctity of life."
Last October, the congregation of Bonhomme voted 722 to 71 in favor of disaffiliating from PCUSA, following a discernment process that lasted over two years.
Since leaving the largest Presbyterian denomination, however, Bonhomme has been the subject of legal action over its church property.
"The Presbytery of Giddings-Lovejoy sued us for all or our property, both real and personal, as well as the Bonhomme Foundation," Pfizenmaier continued.
"[The suit was filed] on Nov. 6, three weeks after the congregational meeting. We are currently in litigation."
At stake is a church property that, according to the Saint Louis Post-Dispatch, is valued at approximately $6.05 million, and underwent a $12 million renovation five years ago.
PCUSA argues that they rightfully own the Bonhomme property due to a provision in the denomination's Book of Order known as the "Trust Clause."
According to the PCUSA Book of Order G-4.0203, the trust clause states that "All property held by or for a particular church … is held in trust nevertheless for the use and benefit of the Presbyterian Church (USA)."
The trust clause notes that property includes not only for "a particular church" but also "a presbytery, a synod, the General Assembly, or the Presbyterian Church (USA) …"
"According to the lawsuit, Bonhomme's bylaws for years were consistent with the denomination's constitution," the Saint Louis Post-Dispatch reported. "But in March 2014, Bonhomme amended its bylaws so that the congregation, rather than the presbytery, benefits from the property."
Upon leaving PCUSA, Bonhomme Presbyterian Church opted to join the Evangelical Covenant Order of Presbyterians, a small conservative Presbyterian denomination that has grown rapidly since its founding in 2012.
So they sank $12 million into the property five years ago and it's only worth $6 million now? Maybe they should give it back. Sounds like they're taking a bath on it.
its happend before...
http://www.pressdemocrat.com/news/2257486-181/rift-over-gay-blessings-other
by the way St Johns...has since purchased new property and is no longer “homeless”
Which is why, in the Presbyterian Church in America, local churches own the building.
Also, Orthodox Presbyterian Churches meet in more modest buildings. When they split with the Northern predecessor of the PC(USA) they had to turn over the keys and had to start over. Bless them, they left anyway.
Unless PCUSA agreed to the status change in March of 2014 (well within the 2 year discernment period) it’s pretty doubtful the Parish will prevail. The courts are generally loathe to get involved with disputes like this and will generally side with whatever is in print that both sides have agreed to. A unilateral move on the part of the parish late in the dispute is probably not going to be supported by the courts but I wish them well.
I wonder where the $12 million came from - local, or national, or both? If local only, and if the parish has - say - 500 families, that would be 24 grand per family, quite an outlay.
There are a lot more PCUSA Churches in this battle. PCUSA has become the Palestinian CUSA and now endorses gays marriage and abortion.
Is the Book of Order technically a legal document/contract, or just a statement of church policy? I wonder who holds the lease to the property.
These cases are all over the map. Often, the buildings are owned by a trust, with the denomination as the trustee. The question will often turn on whether or not the trust is revocable. Most of the trust clauses were silent as to this matter, so it depends on the “default setting” under state law.
I wouldn’t sue for the property, I would sue for the improvements.
The Book of Order will be considered binding as far as it goes, but there could be a factual question of whether or not the property was ever actually transferred. For instance, my local United Methodist Church is subject to an almost identical trust clause in the UMC Book of Discipline. I was asked to research the matter, and no deed was ever recorded reflecting a change in ownership. That is not definitive as to ownership, but it is relevant. Is the trust clause enough to reflect an exchange? Good question.
Looks like a great spot for a gay strip club, which is probably what the mainline folks want to do with it.
Bonhomme Presbyterian Church of Chesterfield
The Bonhomme Presbyterians should talk to the Episcopalians having similar fights. Same sorts of legal issues. Possible contacts with lawyers familiar with these issues. The Virtue Online website would be a starting point.
I haven’t seen it and am probably not competent to judge but courts generally like to rely on documentary evidence. In this case it seems both sided abided by the agreement for decades until one side, unilaterally wrote a change. There is nothing in the article that addresses whether the parish sought agreement with PCUSA or just attached a memorandum to the agreement.
Six or seven Episcopal parishes here in Connecticut lost their church buildings in a similar dispute with the Diocese. It didn’t take the courts long to wash their hands of the issue. It’s ultimately probably a good thing courts don’t want to get involved in ecclesiastical disputes.
I hope Bonhomme wins. The changes in PC(USA) doctrine are a substantial change in business condition somewhat akin to McDonalds requiring all their franchisees to become Thai Noodle restaurants.
This is also Missouri, not the Northeast, and it could go to Bonhomme.
“So they sank $12 million into the property five years ago and it’s only worth $6 million now? Maybe they should give it back. Sounds like they’re taking a bath on it. “
You so have a point there. For less they could build their own church and it be much prettier than that one.
pandering to the filthy 1% is NEVER a good idea
Many have tried and failed fighting against the PCUSA. I’d give them the church and the mortgage and save the lawyer’s fees.
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